Journal articles: 'Victims of crimes Legal status'

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Shum, S. S. "CONSOLIDATION OF THE LEGAL STATUS OF VICTIMS OF VIOLENT CRIMES IN INTERNATIONAL LEGAL ACTS." Juridical scientific and electronic journal, no. 5 (2021): 292–96. http://dx.doi.org/10.32782/2524-0374/2021-5/68.

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Foroughi, Fazlollah, and Zahra Dastan. "Victim’s Right of Access to International Criminal Courts." Journal of Politics and Law 10, no. 1 (December 29, 2016): 279. http://dx.doi.org/10.5539/jpl.v10n1p279.

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Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

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Aivazova, Olga, Galina Vardanyan, and Irina Smirnova. "On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 98–105. http://dx.doi.org/10.17150/2500-4255.2021.15(1).98-105.

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The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good definition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

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Chkheidze, Hela. "PREVENTION OF CRIMINAL OFFENSES COMMITTED AGAINST FOREIGNERS AS AN OBJECT OF CRIMINOLOGICAL RESEARCH." Law Journal of Donbass 77, no. 4 (2021): 134–42. http://dx.doi.org/10.32366/2523-4269-2021-77-4-134-142.

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The article describes the migration processes that significantly affect crime, outlines the current state and the main trends of this phenomenon; the complex of questions concerning etiological and phenomenological features and regularities of commission of criminal offenses concerning foreigners in Ukraine is considered; study of the nature, tendencies and features of victimization and victimhood of foreigners; prevention of such illegal actions. A set of theoretical and practical issues related to the development of organizational and legal measures to combat crime against foreigners is covered. Foreigners are a specific object for criminological research. They are less likely than nationals to commit crimes, but are more likely to be victims of criminal encroachment. In 70 % of criminal offenses against foreigners there are pronounced victimogenic factors. Considering the peculiarities of the processes of victimization and victimization of foreign citizens in Ukraine, it is worth talking about the existence of a victim-generating multifactorial complex, which determines the specifics of such encroachments, based on the characteristics of victim status at both individual and group levels. The specificity of the process of victimization of foreigners is due to the specifics of its status, which is the most victimized and is characterized mainly by a low level of education; awareness of being abroad or staying illegally in the host country; ignorance of the requirements of the current legislation of the host country; language barrier; low sense of social justice and self-esteem; group and individual conformity in an anonymous way of life; ethnopsychological features; distrust of state bodies; social maladaptation of the individual. Such factors determine the specifics of the process of individual and group victimization. Implementation of scientific and developed methods, the study of victims of crimes and victimological prevention of crimes is, of course, not the only way of practical application of victimological knowledge.

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Yosepin Simbolon, Nanci, and Madyasah Ablisar. "The prevention of child trafficking crimes and its legal reform." E3S Web of Conferences 52 (2018): 00033. http://dx.doi.org/10.1051/e3sconf/20185200033.

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The news about human trafficking especially children in Indonesia is increasing both domestically and across borders. The crime also includes in the form of labor smuggling, immigrant smuggling, slave trade, women and children. One of the most serious and very complex issues is the impact it has on and directly related to the child’s fate. In 2016, the Ministry of Women Empowerment and Child Protection reported, there were 943 victims of human trafficking reported in 65 the media. Separately, the Indonesian Child Protection Commission officially identifies 307 child trafficking victims. It remains unclear whether these two processes lead to an investigation or provision of protection to victims. This research uses normative research method to find out the prevention of child trafficking crime and form of legal renewal about child trafficking. This study states that the prevention of child trafficking victims is by prevention, prosecution to traffickers, and protection measures against victims. In addition, there needs to be a renewal of criminal law which should also focus on the protection of victims of trafficking in persons so as to provide opportunities for victims to gain their rights.

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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (October 20, 2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.

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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia. Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods. Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.

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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 2, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v2i2.p124-128.

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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.

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Ahmedi, Sulejman. "The Distinctive Legal Features of Crimes Against Humanity." European Journal of Interdisciplinary Studies 4, no. 2 (April 30, 2016): 124. http://dx.doi.org/10.26417/ejis.v4i2.p124-128.

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This research intends to analyze general features and elements of criminal acts against humanity. Also in this paper, special attention was paid to the distinctive features that are crucial in the legal classification of crimes against humanity as offenses punished with international acts and legal regulations of each state. The term Crime against humanity first appeared in the London Agreement of 8 August 1945 establishing the International Military Tribunal. In the course of the preparatory work, it had become apparent that certain crimes committed during the Second World War were not, strictly speaking, war crimes. These were crimes whose victims were of the same nationality as the perpetrators, or nationals of an allied State and were committed for different motives. As early as March 1944, the representative of the United States of America on the Legal Committee of the United Nations War Crimes Commission proposed that crimes committed against stateless persons or any other person by reason of their race or religion should be declared "Crimes against humanity". It suggests, in at least two distinct ways, the enormity of these offenses of the other criminal offenses. First, the phrase "crimes against humanity" suggests offenses that aggrieve not only the victims and their own communities, but all human beings, regardless of their community. Second, the phrase suggests that these offenses cut deep, violating the core humanity that we all share and that distinguishes us from other natural beings. This double meaning gives the phrase potency, but also an ambiguity we may trace back to the double meaning of the word "humanity". "Humanity" means both the quality of being human-humanness-and the aggregation of all human beings-humankind. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "Are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings". They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated by a government or a de facto authority. The law traditionally distinguishes between crimes against persons, crimes against property, crimes against public order, crimes against morals, and the like. Murder, extermination, torture, rape, political, racial or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice.

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9

STEGMILLER, IGNAZ. "Legal Developments in Civil Party Participation at the Extraordinary Chambers in the Courts of Cambodia." Leiden Journal of International Law 27, no. 2 (February 13, 2014): 465–77. http://dx.doi.org/10.1017/s0922156514000028.

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AbstractFor the first time in the history of international criminal justice, victims of mass crimes have been granted the status of so-called ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This status grants them – at least theoretically – the right to participate in the proceedings as a formal party with broad participatory rights similar to the those of the defence and the prosecution. While the ECCC is exemplary in how it has addressed the issue of victims’ participation, practical necessities and judicial skepticism have led to significant changes in the civil party mechanism and continuously constrained participatory rights. First, changes in the ECCC's Internal Rules have significantly altered the original civil party mechanism and led to a form of victim participation similar to the one practised at the International Criminal Court (ICC), thus departing from the true meaning of a partie civile. Judicial decisions by the ECCC's judges, as well as changes in the Internal Rules, have abrogated the strong civil party mechanism that was originally anticipated in Cambodian criminal procedure law. Second, the practical challenges surrounding victim participation have been enormous. The Court itself was struggling due to lack of funding and lack of prioritization of a meaningful outreach program for victims and civil parties. The ECCC's Public Affairs Section (PAS) and the Victims Support Section (VSS) held the responsibility of reaching out to the general Cambodian population. However, it was Cambodian NGOs that ultimately established a collaborative outreach system and collected more than 8,000 Victim Information Forms (VIFs). All these efforts notwithstanding, only political willingness and a Cambodian discussion of how to deal with the vast number of perpetrators beyond a handful of criminal trials, can lead to a process of coming to terms with one's past.

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Pyaskovskyy, V. V. "TACTICAL PECULIARITIES OF QUESTIONING UNDERAGE VICTIMS OF VIOLENT CRIMES." Theory and Practice of Forensic Science and Criminalistics 15 (November 30, 2016): 90–96. http://dx.doi.org/10.32353/khrife.2015.10.

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The article deals with general tactical conditions of questioning underage victims during the investigation of violent crimes. It suggests considering this investigation action with regard to peculiarities of persons who committed these crimes, or persons related to them, as well as their day-to-day activity; the availability of information about the events that preceded, coincided or followed the crime; determination of the origin of facts and their interrelationship, their temporal and locational properties. The experience of law enforcement officers of many European states shows that skillful communication with the underage victims of violent crimes may considerably contribute to solving tasks of legal proceedings in a specific criminal case. The article claims that a successful investigation action (questioning) where an underage is involved requires attention to a number of points: the choice of the venue and time of the questioning, the form of interaction between the investigator and the underage; the extent of the investigator’s interaction with parents (custodians) of the underage participant; the number of people present.

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Vahedi, Hassan. "Fair Treatment of the Victim in the Code of Criminal Procedure." International Law Research 7, no. 1 (October 30, 2018): 260. http://dx.doi.org/10.5539/ilr.v7n1p260.

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Criminal justice institution undertakes the duty to investigate about legal cases and complaints, to issue the judgment and to enforce it on time through proper hearing and without any dely. Such actions can play an effective role in reducing the possibility of delinquency and victimization. As an essential element of procedure, victimization has not succeeded to recover its real right. Many criminologists have focused their researches on victims to solve the riddle of victimization and etiology of crimes. Criminologists also intended to assess victims’ roles and shares in the process of crime commission. In addition, they intend to amend criminal provisions based on a victim-based approach to protect the victims through establishing new criminal institutions. Because of this, criminal justice system will change due to the effects of revolutions of victimization considered as the central core. This has led to an increase in paying attention to the victim’s needs and rights in criminal system. The necessity of protecting the victim has not yet been recognized in Iranian statutes. This issue has not a place in criminology researches in Iran. However, we can observe the existing shortages in the area of protecting the victim and their status in Procedure Code through studying the victim’s role. The author of the present article has studied the necessity of establishing special institutions to fill the existing gaps considered by Iranian legislator in New Criminal Procedure Code 2013. The author has also dealt with the protection of victims based on literature review, library search and related sources.

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BLOXHAM, DONALD. "Beyond ‘Realism’ and Legalism: A Historical Perspective on the Limits of International Humanitarian Law." European Review 14, no. 4 (September 8, 2006): 457–70. http://dx.doi.org/10.1017/s1062798706000482.

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There are powerful limits to international humanitarian law. With reference to theories of international relations and to empirically observable patterns, this article shows the inability of legal norms and structures to influence the behaviour of the world's most powerful states and their allies. There are also restrictions on the capacity of trials conducted according to humanitarian law to fulfil the social functions increasingly attributed to them, including the re-education of populations complicit in mass crimes, some measure of catharsis for the victims of such crimes, and the reintegration of erstwhile ‘victim’ and ‘perpetrator’ communities.

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Tan, Tingting. "Intelligent Application of Artificial Intelligence Internet of Things Technology in the Economic and Legal Fields." Mobile Information Systems 2021 (November 12, 2021): 1–12. http://dx.doi.org/10.1155/2021/3118733.

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In today’s globalized situation, people on the one hand enjoy the great convenience brought by the Internet and artificial intelligence Internet of Things (IoT) technology, and, on the other hand, they are also inevitably subject to a series of harms brought by network technology. Internet economic crime is a new type of crime based on Internet technology. Criminals use Internet technology to conduct illegal visits and Trojan horse program attacks, steal user information, and defraud victims of money. This has resulted in the people’s personal and property safety and social harmony and stability. Strictly cracking down on cyber economic crimes in accordance with the law is of great significance to safeguarding the interests of the people and maintaining social stability. However, as the methods and forms of cyber economic crimes emerge endlessly, it is very important to collect intelligence information on such crimes. This paper proposes using the sensor technology, embedded system technology, radio frequency automatic identification technology, and cloud computing technology in artificial intelligence Internet of Things technology to design and build a data-mining-based network economic crime intelligent information aggregation collection system to realize network economic crime intelligence of aggregation and analyze and help combat cyber economic crimes. This article takes cyber economic crime cases in various cities in our province as an example, selects 9 cyber economic criminals’ intelligence information as sample data, and tests and applies the designed cyber economic crime intelligence information system. The final results show that the numbers of cyber economic crime cases in four cities A, B, C, and D in four provinces are roughly the same, but city A has the largest number; the minimum confidence of the 9 criminals is above 0.60, indicating that the economic crimes of cyber economic criminals are related to their academic background and family status and criminal history are related to a certain extent; illegal fund-raising fraud and online credit card fraud account for the largest proportion of the four cities and are currently the main forms of online economic crime.

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Nazarov, O. "LEGAL AND SOCIALLY-PSYCHOLOGICAL CHARACTERISTICS OF CRIMES RELATED TO TRADE PEOPLE IN THE WORLD." Theory and Practice of Forensic Science and Criminalistics 20, no. 2 (December 4, 2019): 493–504. http://dx.doi.org/10.32353/khrife.2.2019.39.

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The article is devoted to the legal and socio-psychological characteristics of crimes related to human trafficking. It is noted that this issue is reflected in various studies. It is believed that about 21 million people may be in slavery at the moment, and the income from this criminal business may be at least $ 32 billion annually. About 11. 7 million people are exploited in the Asia-Pacific region, 3. 7 million in Africa, 1. 8 million in Latin America and the Caribbean, 1. 6 million in Central and Southeast Europe, and 1 in Europe, 5 million. In the countries of the Middle East, where there is a developed economy of about 600 thousand people. About 63 international non-governmental organizations are involved in solving the problem of human trafficking in the world, accompanying and providing various assistance (social, legal, psychotherapeutic) to victims of human trafficking every day. It is noted that the oldest international human rights organization in the world, which bases its activities on the UN treaties against slavery, is the international organization Anti-Slavery International, founded in 1839 in London, United Kingdom. Painted two types of trafficking. The analysis made it possible to describe the most typical mental states of trafficked persons who are associated with the problem of mental health, namely: depression, anxiety, post-traumatic stress disorder. It is emphasized that the suffering caused to the injured individual as a result of the physical or mental impact on him by the criminals involved in trafficking in persons will require compensation for the full restoration of the victim’s mental health and the establishment of justice not only in the form of bringing to justice the perpetrators, but also in the form of non-pecuniary compensation for the harm that was inflicted by the serious crime on the victims (men, women, children). Suggestions are made to continue the work on developing a methodology for forensic psychological examination of victims of crimes related to human trafficking.

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Hlynskaia, Natalia, Olha Shylo, and Olena Verkhoglyad-Herasimenko. "Problems of Implementing Standards for the Prevention of Secondary Victimization of Crime Victims in Ukrainian Criminal Procedure Legislation." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 927–36. http://dx.doi.org/10.17150/2500-4255.2020.14(6).927-936.

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Criminal procedure standards of preventing secondary victimization are examined through the prism of European documents of advisory nature that contain a number of regulations that establish minimum standards of the rights of victims and the duties of the state to protect them. The authors prove a vital role that criminal procedure legislation plays in the general mechanism of preventing such a negative phenomenon as secondary victimization of a crime victim. Taking into consideration the etymological characteristics of the concept of «standard», the authors formulate a definition of standards for preventing secondary victimization of crime victims and determine their system. It consists of an aggregate of interconnected elements: the state’s compensation to a victim for damage caused by the crime; provision of access to justice for victims and the use of criminal proceedings that are unburdensome for the victims; provision of an opportunity for the victim to actively participate in criminal proceedings; provision of legal, psychological, medical and social help to the victim; guarantee of a right to safety for the victim and their family members; a system of extra guarantees of the rights and interests of vulnerable victims. The article also highlights key discrepancies between Ukrainian legislation and some of the above-mentioned standards and presents ideas on eliminating them. Specifically, the authors pay attention to the necessity of creating a Foundation for the protection of the rights of crime victims, whose main purpose would be the compensation of damages to the victims. As for the use of unburdensome criminal procedures, it is suggested that the Criminal Procedure Code of Ukraine should include a norm that states that the involvement of a victim in investigation activities that infringe on their rights and lawful interests should be kept to a minimum and should only be carried out when it is necessary for criminal proceedings. It is noted that normative regulation of the time frame for criminal proceedings at their specific stages should be regulated. Besides, there is a necessity for statutory determination of a general prohibition to disclose information on victims of certain types of crimes that would make it possible to identify the victim, etc.

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Rahman, Khandaker Farzana. "Ensuring Victims’ Participation in the Criminal Justice of Bangladesh." International Journal of Criminology and Sociology 11 (July 14, 2022): 82–90. http://dx.doi.org/10.6000/1929-4409.2022.11.10.

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It is seen that if the main actors in a criminal justice framework are to be identified, the most commonly identified would be the alleged, his legal representative, the prosecutor and the judge. In our current legal system, the victim appears to be one of the overlooked and disregarded parties, when in reality they should be considered a vital stakeholder in the criminal justice process to secure justice. Due to adversarial legal system in Bangladesh the burden of proof lies upon the prosecution or victim in a criminal proceeding. There is hence no comprehensive law securing rights and participation of victims in criminal justice system though few supports exist for them. In accessing the justice system, victims face numerous challenges and the plight of crime victims continues to go from bad to worse. In this background, the research relies on qualitative methods to explore their status, participation and challenges in the justice system and lastly recommends how to make the justice system victim oriented.

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Safrijal, Airi, and Rizki Amanda. "Perlindungan Hukum Bagi Anak Korban Tindak Pidana." Jurnal Hukum dan Keadilan "MEDIASI" 8, no. 1 (February 25, 2018): 49–64. http://dx.doi.org/10.37598/jm.v8i1.883.

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Article 15 letter f of Law Number 35 of 2014 on Child Protection states that every child has the right to get protection against sexual crimes. Legal protection for child victims of sexual crimes has been given but not fully due to lack of information and economic factors, The form of protection provided for child sexual victims is, (1) separating children from the defendant at trial, (2) names of children are obscured, (3) recovery child trauma, and (4) medical needs are sought if needed.

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Reinikainen, Patrick J. "Forgotten Crime Victims: The Need for a Comprehensive and Focused Reform Effort in Response to Domestic Violence in American Indian Communities." International Human Rights Law Review 1, no. 2 (2012): 349–66. http://dx.doi.org/10.1163/22131035-00102006.

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Those working on behalf of victims of domestic violence crimes in the United States have struggled for decades to create an effective response to victim needs. This movement has achieved some significant victories with respect to legal reform and the creation of effective resources at the local and national level. Yet, all victims are not the same. This article adds to the current discussion regarding American Indian victims of domestic violence by encouraging a more comprehensive and focused approach to reform. Academics and advocates have written on the statutory barriers currently in place and certain problems with United States Supreme Court jurisprudence regarding jurisdiction over crimes committed on Indian land against American Indian women. While an important and recognized part of reform, these issues are not the sole pitfalls in the response thus far. This article posits that, at the same time, any reform must also foster the development of Native prosecutorial resources and guidelines, as well as financial and educational opportunities for Native women. Moreover, a more culturally informed approach to solving the domestic violence plight in American Indian communities is needed and would ideally take into account other factors. By considering the unique social, historical, and cultural circumstances of American Indian victims, advocates and policymakers can create more well-tailored solutions to a complex problem. This article offers many of the factors that should ideally inform the debate surrounding recent legislation in the United States with a hope of spurring more comprehensive action on behalf of victims; however, this article does not represent a complete solution to a uniquely sensitive and complicated issue. More must be accomplished for all victims of domestic violence crimes in the United States and abroad with regard to creating culturally informed solutions.

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Kim, Jae Min. "Effective Guarantee of the Victims' Right to Read and Copy Investigative Documents." Korean Association Of Victimology 30, no. 2 (August 31, 2022): 123–50. http://dx.doi.org/10.36220/kjv.2022.30.2.123.

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In order for the victim to fully recover the damage caused by the crime in the criminal procedure, he/she must be able to participate with the legal status of the litigant. However, there are many limitations in participating in criminal proceedings because the victim is still in the position of a witness within our criminal justice system. The victim's right to read and copy investigative documents, one of the means of participating in criminal proceedings, is a type of right to collect information based on the constitutional right to know, and is the right to read or receive copies of information held and managed by criminal justice agencies. The Korean Criminal Procedure Act has no basis of applying for and providing information on investigative documents before filing a prosecution, but it is possible to view and copy them on specific cases under investigation through the special law such as ‘Information Disclosure Act’ and ‘Sexual Violence Act’ in Korea. In practice, the criteria for permission and restriction of reading and copying investigative documents are prepared as a form of legal orders and administrative rules, allowing victims to read and copy the documents. However, since there is a ruling that it is unconstitutional and illegal to restrict the victim's right to information in sub-laws without a basis for delegation under the higher law, it is necessary to prepare permission requirements and grounds through its delegation for reading and copying investigative documents. In addition, it will be difficult to upgrade the status of victims to the same level of litigation as Germany and France, but it is necessary to allow them to participate in the lawsuit, guaranteeing the right to appoint lawyers, and providing appropriate remedies, while imposing legal responsibility on the victims who use them for other purpose.

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Ehorova, T. M., and S. G. Moroz. "ABOUT POSSIBILITIES OF FORENSIC PSYCHOLOGY EXAMINATION ON THE VICTIMS OF CRIMES RELATED TO HUMAN TRAFFICK." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 552–57. http://dx.doi.org/10.32353/khrife.2018.64.

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The problem of human traffick is transnational, wide-ranging character and threatens national security of states is considered. The OSCE data indicating a number of socio-economic and political factors that cause the growth of human traffick in Ukraine are presented. In the review of the main legislative acts of Ukraine the organizational and legal regulation of counteraction to human traffick, directions of public policy and international cooperation are denoted. Researches of Ukrainian experts studying socio-psychological factors that may be of significant importance for crimes related to human traffick are considered. Object, subject and tasks of the forensic psychological research on the victims of crimes falling within the scope of Art. 149 of the Criminal Code of Ukraine. Analysis of note 2 to this article was performed from the positions of legal (qualifying) signs of the vulnerable state of the injured person, as well as from the standpoints of scientific psychology and forensic psychological examination. In particular, since the legal concept of "vulnerable state" refers to the category of appraisal, the tasks of psychological research are determination of individual psychological characteristics of victim's personality, specifics of his motivational, intellectual and emotional spheres, specific activities in the situation of the particular offense, and other psychological factors that may be premorbidity for the formation of dependence on another person or on certain life circumstances that can create favorable conditions for manipulating the consciousness and volitional activity of victim while making a vital decision, limiting the regulation of his activities. Result of psychological research is a degree determination of victim conscious activity who has (or does not have) all the necessary signs of complex volitional behavior. Corresponding expert methodology for psychological research is being developed taking into account the relevance of this topic and increasing requests of judicial investigating bodies to perform appropriate psychological examinations at Poltava branch of the KhRIFE.

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Suyunova, Dilbar J., Yana Yu Koniushenko, and Nana Charles Nguindip. "A Comparative Understanding of Criminal Liability Formation for Crimes Against Women in Uzbekistan and Cameroon." Ius Humani. Law Journal 10, no. 2 (December 14, 2021): 129–48. http://dx.doi.org/10.31207/ih.v10i2.289.

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Women continue to be victims of violence and the violation of their human rights keep being in the increase as they experienced constant hatred on their status. This article analyzes liability for crimes against women under criminal legislations of the Republic of Uzbekistan and Cameroon by assessing the Criminal Codes rules in both countries in terms of identifying its distinctive features of legal regulation conditional to gender and family differences of subjects is provided. Expert study of criminal legislations related to crimes against women plays a facilitating role in identifying not only real scope of criminal law rules, but also determining if there is a gap in law, or legal regulation is insufficiently socially conditioned. Moreover, analysis of genesis of criminal standards on responsibility for crimes against women made it possible to trace changes in law in relation to such objects of criminal law protection as, for example, life, health, sexual freedom and sexual immunity, honor and dignity of woman, interests of family and its members.

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Risdaneva, Risdaneva. "A critical discourse analysis of women’s portrayal in news reporting of sexual violence." Studies in English Language and Education 5, no. 1 (March 1, 2018): 126–36. http://dx.doi.org/10.24815/siele.v5i1.9433.

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This study explores and compares the portrayal of women in the news reporting of crimes of sexual violence against women between two newspapers from different cultures, the Jakarta Post and the Guardian. The Jakarta Post is an English quality newspaper published in Indonesia, and the Guardian is a quality broadsheet from Great Britain. To explore the representation of women, this study accounts the portrayal of men as well since the two entities are strongly inter-related. The analytical tool used in this study is naming analysis of social actors, which is a part of critical discourse analysis. This analysis is aimed at probing the representation through the choice of lexical items in representing the main news actors. The findings of the analysis indicate that the choices of the naming categories used by both newspapers are different. The Jakarta Post mostly functionalises both the victims and the perpetrators in terms of their legal status in the criminal cases. This suggests that the broadsheet tends to view them as part of the legal processes instead of as people. The Guardian typically classifies the victims in terms of their age and gender and refers to the perpetrators with their surnames instead of as parts of the criminal cases. The Guardian’s tendency to represent both perpetrators and victims as people instead of parts of legal processes indicates that the paper is attempting to focus the reports more on the crimes themselves rather than the participants involved in the cases.

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Polyanskaya, E. M. "Optimization of combating crimes against human freedom at the level of key international organizations in the post-Soviet space (Commonwealth of Independent States and the Eurasian Economic Union)." Juridical Journal of Samara University 8, no. 1 (June 5, 2022): 40–48. http://dx.doi.org/10.18287/2542-047x-2022-8-1-40-48.

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This article is devoted to the analysis of combating crimes against human freedom, carried out at the level of key international organizations in the post-Soviet space (the Commonwealth of Independent States and the Eurasian Economic Union). A number of documents were considered, including the Interstate Program of Joint Measures to Combat Crime for 20192023, which does not mention the use of slave labor, which the author considers a significant shortcoming of international legal regulation. It was proposed to unify the concept of human trafficking. The article analyzes the possibility of supplementing the Criminal Code of the Russian Federation with a novel about the release from criminal liability of victims of certain conventional crimes.

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Lakhani, Sarah Morando. "Producing Immigrant Victims’ “Right” to Legal Status and the Management of Legal Uncertainty." Law & Social Inquiry 38, no. 02 (2013): 442–73. http://dx.doi.org/10.1111/lsi.12022.

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This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal status, but representing migrants well creates moral dilemmas. I explore how lawyers elicit and script narratives of “clean” victimhood to demonstrate that their clients qualify for U Visa standing. Next I argue that attorneys construct narratives articulating migrants’ civic engagement to position their clients as contributing members of society who deserve legal status. The final section illustrates how the production of these narratives generates a range of professional and ethical dilemmas for lawyers. This examination of how law is developed within a confining legal framework that is at the same time not totally institutionalized extends the “law in action” paradigm, which has been animated primarily by analyses of how legal actors tailor the idiosyncratic details of discrete cases to match existing precedents.

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Rahman, Farial Naima, Mushtaq Ahmad, and Md Zubaidur Rahman. "Socio Demographic Status of Victims in Vitriolage Cases- A Medico Legal Study." KYAMC Journal 6, no. 1 (June 4, 2017): 553–56. http://dx.doi.org/10.3329/kyamcj.v6i1.32780.

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Vitriolage or acid violence is a burning human right violation problem of our country. Over the last few years, acid throwing in Bangladesh was a regular phenomenon where most of the victims were female. This descriptive cross sectional study was carried out from July 2011 to June 2012 among the victims of vitriolage who underwent treatment at One stop Crisis centre (OCC) and burn unit of Dhaka Medical College Hospital and also at the rehabilitation and treatment clinics of acid Survivors Foundation (ASF). Among the victims 92% were female and 25% belonged to 21-30 years age group. Most of the victims were from low socio economic background. Failure in marriage (22%), refusal of indecent proposal for sexual relationship (17%), failure in love affairs (13%) were the main causes behind acid violence. Fifty four percent (54%) had injuries in hand, 51 % (51) had injuries in neck and throat, 43 % (43) in back of body and 41 % (41) in face. The victims of vitriolage suffer in the form of physical, social, mental and economical ways. Rehabilitation centre for the victims, prevention of indiscriminate sale of acids, prompt trial of the accused, creation of acid crime tribunal in each district etc can improve the situation.KYAMC Journal Vol. 6, No.-1, Jul 2015, Page 553-556

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Komarova, Lilia R., and Mikhail V. Kolesov. "Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes." Russian Journal of Legal Studies (Moscow) 7, no. 3 (February 1, 2021): 89–93. http://dx.doi.org/10.17816/rjls48507.

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The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

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Gyuró, Monika. "LEGAL DISCOURSE, POWER AND PRAGMATICS." Discourse and Interaction 6, no. 2 (December 30, 2013): 5. http://dx.doi.org/10.5817/di2013-2-5.

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This paper explores crime reports on verdicts and sentences in child/teenager murder cases in the British press with a view to demonstrating that ‘simplifi cation’ is one of the signifi cant values of crime reporting, regardless of the type of newspaper (Jewkes 2004). The analysis illustrates how both quality and popular British newspapers employ ‘binary oppositions’ (i.e. a typical feature of simplifi cation), such as good vs. evil, in order to communicate to their audiences the social status of victims and killers and at the same time traditional social values and norms. The employment of ‘binary oppositions’ in noun phrases that introduce and/or classify victims and killers thus enables newspapers to appeal to the public and act, or at least try to act, as moral guardians.

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Гіряк, С. І. "INTERNATIONAL LEGAL FOUNDATIONS OF CRIMINAL LEGAL COUNTERACTION AGAINST VIOLATIONS OF THE RIGHTS AND INTERESTS OF WOMEN IN UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 354–60. http://dx.doi.org/10.32844/2222-5374-2020-103-1.43.

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The relevance of the article is that at the present stage of development of criminal law counteraction to violations of women’s rights, recognizing the need to build a comprehensive system of legal protection against violence in the field of gender equality using existing positive developments in this field, foreign criminologists should not seek direct borrowing. their proposed forms and methods of combating crimes against women’s rights. This issue is also highlighted by the focus on achieving maximum effect in the prevention of gender crimes, which requires the legislator serious theoretical training and adaptation of various measures to prevent violence against women, taking into account the specifics of the legal mentality in the context of general criminal policy trends. The article examines the international legal foundations of the criminal legal counteraction to the violation of the rights and interests of women in Ukraine, presents the characteristics of the influence of acts of international law on the criminal legal mechanisms of combating crime in the field of violation of women’s rights. It is shown that the international legal framework for the criminalization of violations of the rights and interests of women in Ukraine, which boil down to crimes of the status of crimes against humanity, the recognition of the crime of sexual violence, regardless of the marriage and family relations of the victim and the perpetrator, regulation of the inadmissibility of discrimination on the basis of sex, the invalidation of which would be Whatever factors in justifying gender-based violence, the formation at the international level of special respect and protection of women’s rights, make it possible to substantiate the admissibility of the application in national legislation of the most severe criminal-legal measures in the field of combating violent crimes against women’s rights in the context of ensuring personal freedom in the context of modern global trends in strengthening the protection of human rights.

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Naser Ben aros Emiteg, Badruddin Hj Ibrahim, Naser Ben aros Emiteg, Badruddin Hj Ibrahim. "Legal Status of Recruited Children in Armed Conflict: الوضع القانوني للأطفال المجندين في النزاعات المسلحة." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 1 (January 29, 2022): 120–41. http://dx.doi.org/10.26389/ajsrp.r040621.

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This study aimed at sheds light on the legal status of child soldiers involved in armed conflicts before they reach the age of conscription. Actually, there is no armed conflict passing without the participation of underage children in it. Moreover, there is a problem represented in the lack of clarity of the legal status of child soldiers participating in armed conflicts, upon capturing them or arresting them. Therefore, the question is 'What is the protection granted to them according to this legal status?'. This study tries to know and determine the identity of children with their legal status in the event of their conscription. If this happens, it regards a violation of international law. Furthermore, the study endeavored to clarify the protection granted to children in case of their captivity, because their humanitarian status differs from adult fighters. In addition, this study discussed how they are treated, as well as to clarify their criminal responsibility for the crimes they committed during the period of their recruitment. Accordingly, the researcher relied on the descriptive analytical approach to study the rules of international law and the texts of international charters and treaties that prohibit the recruitment and analysis of children in armed conflicts. In addition to the inductive approach was used to highlight the rules of link between the legal status of a child soldier and his criminal responsibility for his actions during the period of his recruitment. The study concluded with a set of findings, the most important of which are: the legal status of child soldiers is based on the availability of two basic conditions. Therefore, they enjoy of legal protection, whether the protection is general for prisoners of war, or special protection for civilian children. In addition, the legal status of child soldiers who have not reached the age of recruitment do not take in account for their criminal responsibility for their acts committed during the period of their conscription. Nevertheless, from other hand, there is no way to punish them, given their dual status as victims and perpetrators of a crime alike, according to the rules of international humanitarian law. However, the matter is different with regard to the internal judiciary of states.

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Zemskova, Anna. "On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims." Legal Concept, no. 3 (November 2020): 123–27. http://dx.doi.org/10.15688/lc.jvolsu.2020.3.17.

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Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.

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Prasetia, Yudhya. "PERDAGANGAN PEREMPUAN DAN ANAK SEBAGAI KEJAHATAN TRANSNASIONAL." Yustitia 7, no. 2 (November 8, 2021): 185–95. http://dx.doi.org/10.31943/yustitia.v7i2.126.

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Organized crime in the transnational trafficking of women and children is a serious and farreaching crime and can even be classified as crimes against humanity as stated in the Rome Statute (1998) which regulates the permanent international criminal court. The objective of the provisions in protocol II is the criminal organization behind the trafficking of women and children, namely by punishing the perpetrators and protecting their victims, namely women and children. In the Palermo Convention2000) it is emphasized that the main objective is to enhance and strengthen cooperation between states parties in preventing and eradicating the five types of crimes which are the jurisdiction of the convention. This paper is the result of a research useing normative juridical approach by reviewing, and examining secondary data in the form of legislation, legal principles, and cases relating to the problem regarding to the trafficking of women and children.

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Isely, Paul J. "Sexual Assault of Men: American Research Supports Studies from the UK." Medicine, Science and the Law 38, no. 1 (January 1998): 74–80. http://dx.doi.org/10.1177/002580249803800112.

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Incident reports and prevalence research on sexual assault, conducted in the United States, indicate that men may be at greater risk from sexual victimization than previously realized. These studies support the efforts of mental health professionals in the United Kingdom who have argued that sexual assault of men is an underreported crime which can result in significant biopsychosocial dysfunction. Given the increasing evidence that men are victims of sex crimes, future research studies on the prevalence of sexual assault should include adult males in their samples.

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Moffett, Luke. "Complementarity’s Monopoly on Justice in Uganda: The International Criminal Court, Victims and Thomas Kwoyelo." International Criminal Law Review 16, no. 3 (May 27, 2016): 503–24. http://dx.doi.org/10.1163/15718123-01603003.

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Complementarity has been extolled as the pioneering way for the International Criminal Court (icc) to navigate the difficulties of state sovereignty when investigating and prosecuting international crimes. Victims have often been held up to justify and legitimise the work of the icc and states complementing the Court through domestic processes. This article examines how Uganda has developed its laws, legal procedure, and accountability for international crimes over the past decade. This has culminated in the trial of Thomas Kwoyelo, which after five years of proceedings, has yet to move to the trial phase, due to the issue of an amnesty. While there has been a profusion of provisions to allow victims to participate, avail of protection measures and reparations, in practice very little has changed for them. This article highlights the dangers of complementarity being the sole solution to protracted conflicts, in particular the realisation of victims’ rights.

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Achmad Musyahid, Abu Sahman Nasim, and Samsidar Jamaluddin. "CORRELATION ANALYSIS OF THE DEATH PENALTY ON MURDERERS, DRUGS AND CORRUPTION." International Journal of Social Science 2, no. 4 (December 3, 2022): 1847–52. http://dx.doi.org/10.53625/ijss.v2i4.3928.

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This study aims to analyze the correlation between the death penalty for murder, narcotics, and corruption (a legal approach to jinayah, qishash, hudud, and ta'zir), and aims to look more deeply into the implementation of punishments that use a legal basis or arguments that are general in nature and specific argument. This research uses descriptive qualitative. Data were collected through interviews, observation, and documentation. This study uses data analysis techniques, which consist of stages of data collection, data reduction, data presentation, and drawing conclusions. The results of the study show that legal settlements from the Juridical-Empirical study include makers, dealers, sellers and buyers as well as users, as well as victims of the same status before the law, because they both violate the law, they must be sentenced to death, in the context of crimes against the loss of human life. , in this case the similarity of the punishment of Qishash with the Criminal Code is the same, as in the case of intentional murder that is not condoned by the victim's family. Therefore, the death penalty of Qishash only applies if the intentional killing that is not condoned by the victim's family, as well as corruption of humanitarian funds can be punished by death

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Bacanovic, Oliver. "Legal protection of victims under criminal law in the Republic of Macedonia." Temida 11, no. 1 (2008): 25–46. http://dx.doi.org/10.2298/tem0801025b.

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The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

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Bronfman, Lois Martin, David Butzer, and Brian Stipak. "Reducing Domestic Violence in the United States: Targeting the Misdemeanour Crime." International Journal of Police Science & Management 2, no. 3 (June 2000): 242–51. http://dx.doi.org/10.1177/146135570000200305.

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In 1993, the Portland Police Bureau created a special unit, the Domestic Violence Reduction Unit (DVRU) to address an emerging area of public concern: domestic violence. Focusing on the misdemeanour domestic violence case, the mission of the unit is to reduce the overall level of domestic violence in the community through a programme which provides follow-up investigation, interagency coordination, community education and assistance to victims. The programme provides an example of law enforcement's efforts to move beyond arrest to interrupt the cycle of domestic violence crime by enhancing prosecution and by empowering victims. The formation of the unit was a direct result of 1) a philosophy of community policing policy which required consultation with community groups in establishing police priorities and strategies; and 2) changing legal and cultural perspectives on domestic violence crimes. This paper explores the development of the DVRU, its operation and its impact, and discusses its strengths and limitations after five years of experience.

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Dubey, Devansh, and Payas Jain. "Introducing Victim Impact Statement in India: Reconceptualizing Victim Status." Journal of Victimology and Victim Justice 3, no. 2 (October 2020): 147–63. http://dx.doi.org/10.1177/2516606921991757.

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The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

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Lakhani, Sarah Morando. "From Problems of Living to Problems of Law: The Legal Translation and Documentation of Immigrant Abuse and Helpfulness." Law & Social Inquiry 39, no. 03 (2014): 643–65. http://dx.doi.org/10.1111/lsi.12082.

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To apply for U Visa status, a temporary legal standing available to undocumented crime victims who assist law enforcement in investigations, immigrants must obtain validation of their experiences from police via a signed “certification” paper. This article investigates the challenges lawyers and immigrant crime victims face in translating and documenting victims' experiences into legal form. By analyzing interactions between Los Angeles attorneys and female undocumented immigrants, I explore how immigrant victims of violence prepare to approach police certifiers. Attorneys arbitrate between accounts of violence and immigrant‐police encounters and the legal cases they can develop, offering retrospective and prospective advice to immigrants about how to make effective pleas to police. Drawing attention to the devolutionary dynamics of an inclusive immigration policy, I show how nonfederal bureaucrats shape immigrants' eligibility for legalization remedies. In turn, I expose detrimental consequences of mixing street‐level administrative discretion with federal visa eligibility determinations.

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Романовская, Марина, and Marina Romanovskaya. "CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 131–35. http://dx.doi.org/10.12737/article_598063fb89c313.52285660.

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Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

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Zainullin, R. I., and I. A. Makarenko. "Age as an element of the social portrait of the juvenile participant in the criminal process." RUDN Journal of Sociology 22, no. 2 (June 30, 2022): 362–73. http://dx.doi.org/10.22363/2313-2272-2022-22-2-362-373.

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Social-demographic characteristics of the individual and social groups are studied by many natural, social sciences and humanities. One of the most important characteristics is age which reflects the degree of physiological, psychological and social maturity; therefore, it is considered by sociological and legal sciences which rely on its statistical estimates in sociological, criminological and forensic research. Age characteristics are important for legislative and law enforcement activities, in the prevention of social deviations. Age characteristics, for example, of persons who broke the law, are used in the social portrait of crime, which reflects the social-group stratification and emphasizes the most significant features of the social group consisting of persons with deviant consciousness and behavior, i.e. allows to classify criminals. The study of juvenile delinquency helps to identify the features, conditions and trends of such crimes, i.e., to assess the reproduction of crime due to its youth part. Such studies have a pronounced victimological orientation and describe not only the personality type of the juvenile criminal, but also the personality type of the victim of a criminal assault, which has not only cognitive, but also practical significance - for developing measures for combating and preventing crimes. The article focuses on the age characteristics of juveniles participating in the criminal process in the status of accused, victims and witnesses. The authors emphasize that the investigation of such crimes faces difficulties due to the age characteristics of this social-demographic group; therefore, the knowledge of the typology of juveniles (their agerelated psycho-physiological and socio-moral characteristics) is the key to establishing contact with them and, accordingly, to choosing the best methods for obtaining the most complete and truthful information. This conclusion is confirmed not only by the publications of other authors, but also by the data of criminal cases and sociological surveys of investigators, experts, judges and juveniles participating in the investigation of crimes.

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D. S., Honchar. "VICTIMS OF EXTRAJUDICIAL REPRESSION AND SUBJECTS OF CRIMINAL RESPONSIBILITY FOR COUNTERREVOLUTIONARY CRIMES IN THE TERRITORY OF UKRAINE (1918–1922 AD)." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 14–17. http://dx.doi.org/10.15421/391903.

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The article examines the relation between the Bolshevik political doctrine and the activity of the extraordinary commissions in theUkrainian SSR in 1918-1922. The forms and methods of combating counterrevolutionary crimes are shown. The mechanism of implementation of the “red terror” policy in the context of the struggle with counterrevolution was explored. The legal basis for the work of extraordinary commissions on repression is analyzed. Compared the legalization of responsibility forcounter-revolutionary crimes and the practice of its application. The article analyzes the class affiliation, the social status of victims ofextrajudicial repressions by extraordinary commissions. Compares the experience of the Jacobin terror during the French Revolution and the Bolshevik “red terror” policy. The author presentsstatistical data on the number of victims of repression, their social status, class membership both during the Jacobin dictatorshipin France and during the implementation of the “red terror” policy in Ukraine. The author mentions information from archival sources about the activities of extraordinary commissions and their repression. The normative basis of the policy of “red terror”, a special legislation that was active in this field is explored. The author in the articlepresents assessments of the activities of the Bolshevik bodies of state security in Ukraine from the side of real eyewitnesses, participantsin those events, party figures, and publicists of those times. The provisions of secret documents that aimed at manually managing the policy of “red terror” were set forth. The author presentsa series of statistical data on the performance of state security bodies in Ukraine. The genesis of the development of criminal-law policyin the field of struggle with counterrevolutionary crimes was explored. The article analyzes the provisions of the Criminal Code of the USSR in 1922, which concern the establishment of criminal responsibilityfor counter-revolutionary crimes. Significant differences of the current criminal law in the field of crimes against the nationalsecurity of Ukraine and the Bolshevik criminal legislation regarding the fight against state crimes were revealed.

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Oluku, Ochuko. "Repositioning the Victim in Victimology through Theory: The Concentric Model." Journal of Management and Social Science Research 1, no. 1/2 (2020): 43–53. http://dx.doi.org/10.47524/jmssr.11.6.

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This work examines the inadequacies of the current victimological and criminological theories for not giving the rightful focus to the victim as their subject matter. The two predominant strands of current theorizing, ‘native’ and adapted perspectives were questioned for blaming the victim for his victimization or attributing his predicament to socio – structural variables, instead of the crime perpetrator. The legal status of the victim is not considered by both perspectives: hence, the paper proposes a concentric model, which seeks to restore the victim to his rightful place within the criminal justice system. The victim is appropriately portrayed as an inactive player in crime causation, who is at the receiving end of the activities of outlaws. New concepts, ‘former normal’, ‘victim status’ and ‘victimal’ state are introduced to properly capture the ‘alterative’ harm offenders inflict on their victims, some of which many never recover from. It attempts a reconstruction of the process of victimization, and with the aid of two empirical case studies, demonstrates the possibility of discovering the pattern of offender victimization through mass studies of crime victimization data. Results from the studies can be used to formulate strategies to halt crime and break the cycle of victimization. The model holds great promise for research and policy on prevention of victimization and victim support and treatment in the criminal, or any alternative justice system.

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Luong, Trung Kien, and Nikolay Demidov. "On the Specifics of Determining the Procedural Status of Persons Harmed by a Crime According to the Vietnamese Legislation." Legal Concept, no. 2 (July 2022): 182–88. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.24.

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Introduction: the determination of the procedural status of parties to criminal proceedings is an important step towards the full and comprehensive disclosure of criminal cases and ensuring the rights of these persons. However, currently, in practice, approaches to determining the procedural status of a person who has suffered damage are not uniform. This leads to the fact that the rights of these subjects in the judicial process are not properly enforced, affecting the overall effectiveness of compensation for damages in criminal cases. The purpose of the study is to analyze some provisions of the Criminal Procedure Code of the Socialist Republic of Vietnam (CPC SRV), 2015, which have fixed the procedure for determining the procedural status of subjects whose property damage is caused by a crime, and the difference between the victim and the civil plaintiff, as well as persons with interests and obligations in the case. The achievement of the research goal is due to the solution of the following tasks: the disclosure of the provisions of the Criminal Procedure Code of the SRV on victims, civil plaintiffs, persons with interests and obligations in the case, witnesses; the recognition of the procedural status of these entities by the competent authorities. Applying general scientific research methods, namely, the comparison of the current provisions of normative legal acts, their generalization, the author has identified the following results: the recognition of the legal status of victims is of great importance for ensuring their rights. There is a need to pay more attention during the investigation of criminal cases to the content of each specific case, the role of a person at different stages of the proceedings in determining the status of the victim in accordance with the Criminal Procedure Code of the SRV, 2015. The most important point for determining the status of a victim in a criminal case is to identify a direct causal relationship between the damage caused to this person and the criminal act. Conclusions: there are no provisions on the procedural form of the recognition of victims in the current Criminal Procedure Code of the SRV. In practice, this leads to the fact that their rights in criminal proceedings are not guaranteed and properly ensured.

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Bogdanova, A. V. "Procedural Guarantees for the Rights of Victims of Crimes at the Stage of a Criminal Case Initiation." Actual Problems of Russian Law 17, no. 12 (November 19, 2022): 191–203. http://dx.doi.org/10.17803/1994-1471.2022.145.12.191-203.

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The paper is devoted to the legal status of persons who have suffered from crimes at the stage of a criminal case initiation. The declared goals and objectives of this stage of the criminal procedure are considered in conjunction with the procedural guarantees that are provided to persons participating in it. The author concludes that the injured person does not actually have the opportunity to influence the course and results of the check, which leads to the impossibility of exercising the right to compensation for the harm caused. The existing formal judicial control over the preliminary investigation only exacerbates this problem. To solve this problem, it is necessary to provide persons participating in the verification of a crime report with the right to file petitions. At the same time, the procedure for considering and resolving such petitions should be similar to the procedure provided for in Chapter 15 of the Code of Criminal Procedure of the Russian Federation. It should also regulate the conduct of urgent investigative actions and verification activities in accordance with the rules established by Chapters 24–27 of the Criminal Procedure Code of the Russian Federation.

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Quintana, Juan José. "Violations of international humanitarian law and measures of repression: the International Tribunal for the former Yugoslavia." International Review of the Red Cross 34, no. 300 (June 1994): 223–39. http://dx.doi.org/10.1017/s0020860400078104.

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The International Conference for the Protection of War Victims, held in Geneva from 31 August to 1 September 1993, urged all States to make every effort to“ensure that war crimes are duly prosecuted and do not go unpunished, and accordingly implement the provisions on the punishment of grave breaches of international humanitarian law and encourage the timely establishment of appropriate international legal machinery …”.

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Bedir, Ömer. "The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims." Age of Human Rights Journal, no. 15 (December 15, 2020): 51–72. http://dx.doi.org/10.17561/tahrj.v15.5817.

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The Mavi Marmara flotilla, which sailed for a humanitarian mission and aimed to break the Israeli blockade to Gaza, was intercepted by the Israeli soldiers on high sea on 31st May 2010. In this raid, nine civilians have lost their lives on the spot and 55 others were wounded. States and their agents can be held accountable if they commit crimes. Therefore, the Mavi Marmara victims have the right to sue at national and international level the Israeli officers who took part in the operation. Some victims have filed criminal and civil cases before the Turkish courts against Israel and its officers. Besides these judicial cases brought before the national courts, a referral was also made by the Union of the Comoros, flag country of the Mavi Marmara vessel, to the International Criminal Court. Meanwhile, Turkey and Israel have signed a bilateral agreement for the compensation of the bereaved families. This compensation agreement clears Israel and its officers off all legal responsibilities arising from the flotilla incident before the Turkish courts. This bilateral agreement is a legal obstruction imposed to the victims in their quest of justice. The Turkish Court of Cassation, in its recent decisions, has requested the courts of first instance to take into consideration the provisions of the said agreement. Despite the above mentioned agreement, the victims shall have still the right to sue the Israeli officials responsible for the flotilla incident before national, foreign and international courts, on the grounds of crime against humanity, provided that the necessary requirements are fulfilled.

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Klyuchnikov, A. Yu. "Right to Truth in International Justice." Lex Russica, no. 12 (December 16, 2020): 106–17. http://dx.doi.org/10.17803/1729-5920.2020.169.12.106-117.

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The right to truth is a phenomenon that appeared in international law after about the 1980s. Its development is associated with the repression of authoritarian governments in Latin America in the context of basic human rights leveling, which received negative reaction from society. The global need for justice and the preservation of a stable world has led to the gradual expansion of the institute to other regions of the world. The uniqueness of the developed methods allowing us to preserve the memory of large-scale crimes against the person in the public consciousness, to improve and fill in the right to receive information (the right to know), makes it possible to talk about the right to the truth as one of the most promising mechanisms of the human rights protection system. The paper attempts to understand the right to the truth at the present stage, the scope of guarantees it contains, and examines particular cases in relation to the right to know the circumstances of crimes, including cases of enforced disappearance, facts about victims, their fate and location, identification of criminals, rights of victims and their families. The right to the truth is a dynamically developing complex institution of international law, a powerful tool in the hands of international justice bodies in the fight against the perpetrators of the most serious crimes and in the prevention of crimes, a tool for the formation of a truly legal, democratic state. It is based on customary international law, supplemented in general terms by special rules of contract law. The incompleteness of material regulation is compensated by the law enforcement activities of international courts. By its legal nature, the right to the truth is based on positive international obligations of states to prosecute, to provide assistance to other states and international bodies, and on negative obligations as a means of prevention.

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Sedova, Galina I., and Vasilina Yu Gromak. "The right to receive qualified legal assistance in criminal proceedings: The concept, the relationship with the right to defense." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 198–205. http://dx.doi.org/10.18500/1994-2540-2021-21-2-198-205.

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Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

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Noval, Muhammad, Ramon Nofrial, and Siti Nurkhotijah. "Analisis Yuridis Proses Penyelesaian Tindak Pidana Terhadap Pelaku Penipuan Melalui Pembayaran Elektronik Untuk Mewujudkan Perlindungan Hukum." Jurnal Ilmiah Hukum dan Hak Asasi Manusia 2, no. 1 (July 5, 2022): 29–37. http://dx.doi.org/10.35912/jihham.v2i1.1579.

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Abstract: Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 states that any person who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions shall be punished with imprisonment and/or or fines. The fraud that occurred at One Mall Batam carried out through fake or fictitious electronic transactions cost the victim a total of 30 million rupiah. Purpose: The purpose of this study is to determine the regulation of criminal law against perpetrators of fraud through electronic payments in order to realize legal protection. And to find out the implementation, constraint factors and solutions in preventing and overcoming the rise of fraud in electronic payments. This research method is empirical juridical. Methodology: This research consists of literature study and is also supported by field studies through interviews with respondents. Results: The results of the study indicate that the regulation of criminal law against criminals through electronic payments in realizing legal protection, namely Article 378 of the Criminal Code which regulates special crimes, is also specifically regulated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates criminal acts of fraud committed through electronic transactions and is subject to a maximum criminal penalty of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 ,00 (one billion rupiah). Implementation in preventing and overcoming the rise of fraud in electronic payments is carried out by optimally criminalizing the perpetrators of crimes committed through electronic transactions. Limitations: The constraint factor faced is that there are many types of electronic transactions that cannot be reported directly, making it easier to ensure the results of daily reports. Contribution: The solution is that the victim must be more careful in accepting every payment through an electronic transaction, the victim must have the equipment to verify the proof of the electronic payment. It is recommended for law enforcement officers to optimize the performance of law enforcement for electronic transactions and dismantle tricks or methods applied by perpetrators to prevent other victims, victims to be more careful and thorough in accepting electronic transactions and must ensure first in advance of any payments made. Keywords: 1. Juridical Analysis 2. Fraud Crime 3. Electronic Transaction

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Ştirbu, Daniela. "The consequences of victimization of women and the establishment of measures to combat and prevent the victimization process." National Law Journal, no. 3(245) (February 2022): 144–50. http://dx.doi.org/10.52388/1811-0770.2021.3(245).14.

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In the Republic of Moldova, most women, especially in rural areas, have the status of victims, thus having been assaulted and subjected to violence by their husbands or partners, and too few of them are aware that this violence is a crime and of course, these women do not know where to turn for help. A woman is a human being who belongs to the categories of victims with a high level of victim vulnerability. Victims have the right to be treated and respected with dignity. They have the fundamental right of access to the courts in order to defend their honor and to repair the caused damage under the legal provisions. To prevent this phenomenon, it is necessary to realize the complexity of this phenomenon, the reasons that cause victimization, to find out the means of combating victimization. In the fight against the phenomenon of victimization, which has a negative impact on the society, the prevention process plays an active and important part.

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Journal articles on the topic 'Victims of crimes Legal status'

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